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HomeMy WebLinkAbout04-5675 THIS AGREEMENT made and concluded this ...... !,!~h .......... day of ........ NO.V.~I~..~. ........ A. D. ~I~...Z0.J3 4 between ....... ..J...E.R..R..~.....R.. :.. _ ..F...L. QQ.D.....~.~..d....~R_.V..E._~T..E... ~ ...... ~. ~.OQD. ,.... J3.~ ba ~.~....a~0.~....~..f.~ ................ of ....... ..c.~...I~...~~.....C.0.~..~.....P.~.~..~..v.~D.~.., party o~ the first part (hereinafter called Owner), Ar~D.....T~ ~....L...:....~ ~9.0..D.....~n..~....q.~ ~...~.:....F..L..Q.Q.~.,......D./..~/..A....?.~..o..0...o.._.~Q~.~.~g.~.~ ~N .......... party of the second part (hereinafter called) Contrnctor. WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contrnct for the erection and completion of....~...~..~...~..~..~...~......f.~.,~...i...~.~. .......... to he erected on ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being Lot No. 5, more fully set forth on Exhibit "A" attached hereto and made a part hereof. in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens should be entered and ~led against the said buildtn8 or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contrnct as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknow- ledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-cantractor, materialmen or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materinlmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground affainst any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevoc- ably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonweahh of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or .any part thereof and for such act or acts this shall be good and sufficient wnrrnnt and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a suffieicnt exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quick-claim aH rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF and year first above written. W ~RESENT: the said parties have hereunto set their hands and seals dated the day ..................... ............................................. d/b/a Flood Construction ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly identified as follows: Lot No. 5 on the Final Subdivision Plan for Lisburn Meadows Estates South, recorded in the Office of the Recorder of Deeds in and for Cumberland County· Pennsylvania, in Plan Book 75, Page 128. BEGINNING at a point on Lisburn Road South 72 degrees 58 minutes 28 seconds East 235.00 feet to a point; thence along said lands South 17 degrees 01 minute 32 seconds West 340.00 feet to a point; thence along said lands South 71 degrees 33 minutes 05 seconds West 197.81 feet to a point; thence along said lands North 18 degrees 10 minutes 09 seconds West 128.24 feet to a point; thence along said lands North 17 degrees 01 minute 32 seconds East 350.00 feet to the place of BEGINNING. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions and agreements affecting the property. IT BEING the same premises which William B. Bott, Jr. and Anna Kennedy-Bott, husband and wife, by deed dated the day of · 2004 and about to be recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted and conveyed unto Jerry R. Flood and Marvette S. Flood· husband and wife, MORTGAGORS herein. EXHIBIT "A"